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| "Application for a public path diversion order. |
119ZA. - (1) Subject to subsection (2) below, the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses may apply to a council for the area in which the land is situated for the making of a public path diversion order in relation to any footpath or bridleway which crosses the land, on the ground that in his interests it is expedient that the order should be made.
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(2) No application may be made under this section for an order which would create a new footpath or bridleway communicating with-
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(d) any highway not falling within paragraph (a) or (b) above for which the Minister is the highway authority, |
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unless the application is made with the consent of the highway authority for the way falling within paragraph (a), (b), (c) or (d) above.
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(3) No application under this section may propose the creation of a new right of way over land covered by works used by any statutory undertakers for the purposes of their undertaking or the curtilage of such land, unless the application is made with the consent of the statutory undertakers; and in this subsection "statutory undertaker" and "statutory undertaking" have the same meaning as in Schedule 6 to this Act.
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(4) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed-
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(a) showing the existing site of so much of the line of the path or way as it is proposed to divert and the new site to which it is proposed to be diverted, |
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(b) indicating whether it is proposed to create a new right of way over the whole of the new site or whether some of it is already comprised in a footpath or bridleway, and |
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(c) where some part of the new site is already so comprised, defining that part, |
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and by such other information as may be prescribed.
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(5) Regulations may provide-
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(a) that a prescribed charge is payable on the making of an application under this section, and |
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(b) that further prescribed charges are payable by the applicant if the council make a public path diversion order on the application. |
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(6) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
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(7) A council which receives an application under this section shall determine the application as soon as reasonably practicable.
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(8) Where-
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(a) an application under this section has been made to a council, and |
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(b) the council have not determined the application within four months of receiving it, |
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the Secretary of State may, at the request of the applicant and after consulting the council, by direction require the council to determine the application before the end of such period as may be specified in the direction.
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(9) As soon as practicable after determining an application under this section, the council shall-
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(a) give to the applicant notice in writing of their decision and the reasons for it, and |
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(b) give a copy of the notice to such other persons as may be prescribed. |
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(10) The council to whom an application under this section has been made may make a public path diversion order on the application only if-
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(a) the land over which the public right of way is to be extinguished by the order, and |
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(b) the new site to which the path or way is to be diverted, |
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are those shown for the purposes of subsection (4) above on the map accompanying the application.
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(11) Any reference in this Act to the map accompanying an application under this section includes a reference to any revised map submitted by the applicant in prescribed circumstances in substitution for that map.
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(12) This section has effect subject to the provisions of sections 121A and 121C below.
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(13) In this section-
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"prescribed" means prescribed by regulations; |
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"regulations" means regulations made by the Secretary of State." |
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| | 7. After section 119A of the 1980 Act there is inserted-
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| "Diversion of footpaths and bridleways for purposes of crime prevention, etc. |
119B. - (1) This section applies where it appears to a council-
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(a) that, as respects a footpath or bridleway which is both in their area and in a designated urban area, it is expedient, in the interests of preventing or reducing crime which would otherwise disrupt the life of the community, that the line of the path or way should be diverted (whether on to land of the same or another owner, lessee or occupier), or |
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(b) that, as respects any footpath or bridleway in their area which crosses land occupied for the purposes of a school, it is expedient, in the interests of protecting the pupils or staff from- |
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(i) violence or the threat of violence,
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(iii) alarm or distress arising from unlawful activity, or
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(iv) any other risk to their health or safety arising from such activity,
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that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or another owner, lessee or occupier). |
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(2) References in subsection (1) above to a footpath or bridleway do not include references to a footpath or bridleway that is a trunk road or a special road.
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(3) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order-
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(a) create, as from such date as may be specified in the order, any such new footpath or bridleway as appears to the council requisite for effecting the diversion, and |
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(b) extinguish, as from such date as may be so specified in accordance with the provisions of subsection (7) below, the public right of way over so much of the path or way as appears to the authority to be requisite as mentioned in paragraph (a) or (b) of subsection (1) above. |
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(4) An order under subsection (3) above is in this Act referred to as a "special diversion order".
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(5) Before making a special diversion order, the council shall consult the police authority for the area in which the path or way is situated.
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(6) A special diversion order shall not alter a point of termination of the path or way-
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(a) if that point is not on a highway, or |
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(b) (where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it. |
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(7) Where it appears to the council that work requires to be done to provide necessary facilities for the convenient exercise of any such new public right of way as is mentioned in subsection (3)(a) above, the date specified under subsection (3)(b) above shall be later than the date specified under subsection (3)(a) above by such time as appears to the council requisite for enabling the work to be carried out.
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(8) A right of way created by a special diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) subject to such limitations and conditions as may be specified in the order.
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(9) The Secretary of State shall not confirm a special diversion order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular-
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(a) in the case of an order made by virtue of subsection (1)(a) above, whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998, |
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(b) in the case of an order made by virtue of subsection (1)(b) above, what other measures have been or could be taken for improving or maintaining the security of the school and whether it is likely that the coming into operation of the order will result in a substantial improvement in that security, |
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(c) the effect which the coming into operation of the order would have as respects other land served by the existing public right of way, and |
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(d) the effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it, |
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so, however, that for the purposes of paragraphs (c) and (d) above the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
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(10) A special diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed-
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(a) showing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted, |
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(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a footpath or bridleway, and |
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(c) where some part of the new site is already so comprised, defining that part. |
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(11) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special diversion orders.
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(12) Section 27 above (making of new footpaths and bridleways) applies to a footpath or bridleway created by a special diversion order with the substitution, for references to a public path creation order, of references to a special diversion order and, for references to section 26(2) above, of references to section 120(3) below.
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(13) In this section "designated urban area" means an area designated by order under section 118B(9) above.
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